Where a borrower challenged whether interest in a promissory note compounded after the note matured, but that borrower previously submitted a spreadsheet that the court adopted in which its expert compounded interest following maturity, res judicata applied. Background In 2008, ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract

Where a party to a limited partnership agreement repeatedly breached that agreement but the other limited partner did not offer evidence that the breaches caused any injury or damage, only $1 in nominal damages was awarded on each claim. Background ...

Tagged with: Contract Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where a subcontractor was required to give notice of a claim to the prime contractor within 90 days from the date of occurrence, that requirement was not met in its daily reports, which failed to provide any details, including the ...

Tagged with: Contract Judge Anthony J. Trenga U.S. District Court - Eastern District

Where a railroad that was party to a guaranteed shipping contract did not expressly breach the agreement, but a jury could have found that its conduct violated the duty of good faith and fair dealing, the declaratory judgment against it ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge A. Marvin Quattlebaum Jr.

Where the new owner of Hickory Hill, Robert Kennedy’s Virginia home, promised Kennedy’s daughter Kerry in 2010 that she could take a decorative lawn urn from her parents’ property in 10 years, that agreement was enforceable, supported by adequate consideration, ...

Tagged with: Contract Judge Anthony J. Trenga U.S. District Court - Eastern District

Where the provider of environmental and waste disposal services alleged there was an express agreement to be paid for its services, its unjust enrichment claim was dismissed because a party may not pursue such a claim if an express contract ...

Tagged with: Contract Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where a homeowner alleged that banks did not provide a proper cure notice as  required by her deed of trust, but the record showed she received a notice that satisfied all of the deed’s requirements, the banks prevailed on the ...

Tagged with: Contract Judge Roderick C. Young U.S. District Court - Eastern District

Where credit card agreements provided that Capital One would not charge interest on new purchases only if the cardholder had timely paid her account balance in full, and the borrowers each carried an outstanding account balance when they made new ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract

Where a landlord obtained judgments for unpaid rent and sued the tenants and others for fraudulent and voluntary conveyances, the trial court’s rulings that defendants were jointly and severally liable for the unpaid rent, attorneys’ fees and sanctions are vacated. ...

Tagged with: Contract Justice D. Arthur Kelsey Supreme Court of Virginia

Where the employee agreed to repay his $4,000 signing bonus if he was terminated within the first year pursuant to Freddie Mac’s corrective action policy, and he was terminated within his first year, the district court did not err in ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract